What Happens If a Texas Answer Deadline Falls on a Legal Holiday?
Texas answer deadlines under the Texas Rules of Civil Procedure are structured so that they do not fall on weekends. The default answer deadline is fixed by rule as a Monday at a specific time. Confusion most often arises not from weekends, but from legal holidays that fall on the designated answer Monday.
Understanding how Texas Rules of Civil Procedure 99 and 4 work together helps ensure deadlines are calculated accurately and consistently.
The Short Answer
A properly calculated Texas answer deadline under Rule 99 will always fall on a Monday.
If that Monday is a legal holiday, Texas Rule of Civil Procedure 4 applies and moves the deadline to the next business day, while preserving the 10:00 a.m. filing time.
How Texas Rules 99 and 4 Work Together
Texas Rule of Civil Procedure 99 establishes the default answer deadline in most civil cases as:
the Monday next after the expiration of 20 days after service, at 10:00 a.m.
Because the rule expressly sets the deadline on a Monday, a Texas answer deadline will never fall on a Saturday or Sunday if it is calculated correctly.
Texas Rule of Civil Procedure 4 comes into play only when the Monday identified under Rule 99 is a legal holiday. Rule 4 provides that when the last day of a prescribed period falls on a Saturday, Sunday, or legal holiday, the period extends to the end of the next day that is not a Saturday, Sunday, or legal holiday.
In practice, this means that if the Rule 99 answer Monday is a court-recognized legal holiday, the answer deadline rolls forward to the next business day, still due at 10:00 a.m.
What Counts as a Legal Holiday?
For purposes of Texas civil deadlines, legal holidays generally include those recognized by Texas courts, such as:
- New Year’s Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
- Christmas Day
When a holiday falls on a weekend and is officially observed on a weekday, courts typically treat the observed weekday as the legal holiday for deadline purposes.
Because holiday observance can vary slightly from year to year and by court, it is prudent to confirm the court’s holiday schedule when an answer deadline falls near a recognized holiday.
Common Scenarios Where This Issue Arises
This issue most often arises when:
- Service occurs close to a holiday period
- The twentieth day after service expires shortly before a holiday
- The resulting Rule 99 answer Monday coincides with a court-recognized legal holiday
- Multiple defendants are served on different dates, producing different answer Mondays
In each of these scenarios, Rule 4 functions as a limited adjustment mechanism, ensuring parties are not required to file on days when courts are closed.
Why This Matters
Answer deadlines carry significant consequences. Missing an answer deadline can expose a defendant to default judgment or unnecessary motion practice. While Rule 4 provides relief when a Rule 99 deadline falls on a legal holiday, it does not excuse incorrect calculations or assumptions about service dates.
This is why many practitioners confirm deadlines using both a calculator and a visual reference chart, particularly when holidays are involved.
Practical Takeaway
When calculating a Texas answer deadline:
- Start with the defendant’s service date
- Apply Rule 99 to identify the answer deadline (the Monday next after 20 days, at 10:00 a.m.)
- Determine whether that Monday is a legal holiday
- If it is, apply Rule 4 and move the deadline to the next business day
To avoid manual miscalculations, you can use the Texas Answer Date Calculator or confirm the result against the Texas Answer Date Chart, both available on CourtDeadlines.
Final Note
This article addresses the general operation of Texas Rules of Civil Procedure 99 and 4. Always confirm deadlines based on the specific facts of service and any applicable court-specific orders.
Related resources:
- Texas Answer Deadline Calculator
- Texas Answer Date Chart
- How to Calculate a Texas Answer Deadline
- Common Texas Answer Deadline Mistakes